Debra Da Re vs. Gilber Oliver,dds; Kourush Harandi,dds;coral Cobley ;dds; National Liability And Fire Insurance Co. C/o Bhhc And Zenith Insurance Co.

(OAK 0324958) is a case in which National Liability and Fire Insurance Co. c/o BHHC and zenith Insurance Co. sought reconsideration of an order to select an arbitrator issued by the acting presiding workers' compensation administrative law judge. The petition for reconsideration was dismissed and the petition for removal was denied due to the order not being a final order and not showing substantial prejudice or irreparable injury.

Gilber Oliver,DDS; Kourush Harandi,DDS;Coral Cobley ;DDS; National Liability and Fire Insurance Co. c/o BHHC and zenith Insurance Co. Debra Da Re WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIADEBRA DA RE,Applicant,VS. GILBERT OLIVER, DDS; KOUROSH HARANDI, DDS; CORAL COBLEY, DDS; NATIONAL LIABILITY & FIRE INSURANCE CO. c/o BHHC; and ZENITH INSURANCE CO.,Defendants.Case Nos. AD4119034 (OAK 0324958)OPINION AND ORDERS DISMISSING PETITION FORRECONSIDERATION ANDDENYING PETITION FOR REMOVAL            National Liability & Fire Insurance c/o Berkshire Hathaway Homestate Companies (Defendant BHHC) seeks reconsideration of the order to select arbitrator (order) issued in this case by the acting presiding workers* compensation administrative law judge (PWCJ) on June 21. 2010.            Defendant BIIHC contends that the PWCJ acted prematurely in ordering defendants’ to select an arbitrator regarding co-defendant’s petition for contribution because there has not yet been an award of compensation in applicant’s underlying workers compensation claim, which it claims is a prerequisite to the right to seek contribution under Labor Code section 5500.5. Additionally. Defendant BHHC daims that the PWCJ erred by issuing the order without first requiring defendants to complete and submit the arbitration submittal form required by Cal. Code Regs., tit. 8, section 10295(b)(2). Finally. Defendant BHHC argues that the order is procedurally defective because it does not contain the number of prospective arbitrators required by Cal. Code Regs, tit. 8. section 10295(d).We have considered the allegations of the petition for reconsideration, answer filed by co- defendant Gilbert Oliver, DDS and Zenith Insurance Company, the answer filed by Kourosh Harandi, DDS and Zenith insurance Company and the contents of the report and recommendation , on petition for reconsideration (Report) of the PWCJ. We note that the PWCJ’s Report also contains a discussion of removal under Labor Code sect

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